Kharon:
Perhaps comrade Sarcs can assist – the rules in the TSI Act related to the 'evidence chain' and the process for allowing 'independent' recovery of that CVR unit. Can't be bothered to troll back through the Act again; but it seems to me there are impediments to just going and getting the wretched thing. Just can't see anyone being tempted into an endless legal wrangle with a department which clearly does not want the box recovered.
I think what you say is essentially true "K", however I also think it depends whether the ATsBeaker have officially 49erd the OBR:
49 OBR ceasing to be an OBR under declaration of ATSB
(1) The ATSB may, by published notice, declare that a recording, or a
part of a recording, identified in the notice is not to be treated as an
OBR on and after a date specified in the notice.
(2) If the ATSB decides not to investigate the transport safety matter
to which an OBR relates, the ATSB must, by published notice,
declare that the OBR is not to be treated as an OBR on and after a
date specified in the notice.
(3) If:
(a) the ATSB decides to investigate the transport safety matter to
which an OBR relates; and
(b) the ATSB is satisfied that any part of the OBR is not relevant
to the investigation;
the ATSB must, by published notice, identify that part and declare
that part is not to be treated as an OBR on and after a date specified
in the notice.
(4) The ATSB cannot revoke or vary a notice published under this
section.
(5) When an OBR, or part of an OBR, ceases to be an OBR because of
a notice published under this section, then any related OBR
information also ceases to be OBR information.
Now if the box has been officially 49er'd then I think (Creamy can probably confirm this) then it could be fair game for anyone to retrieve??
It is also interesting to note that essentially an OBR only covers the CVR by definition and the Civil Aviation Act like-wise only places protections on the CVR. So the question there is: Would the FDR (by no protection) be also fair game if it was a stand alone unit?
